Delegated Powers and Law Reform Committee

Tuesday 22 June 2021

Session 6

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Tuesday 22 June 2021

CONTENTS Col. INTERESTS...... 1 CONVENER ...... 2 DEPUTY CONVENER ...... 3 DECISION ON TAKING BUSINESS IN PRIVATE ...... 4 INSTRUMENTS SUBJECT TO MADE AFFIRMATIVE PROCEDURE ...... 5 Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 25) Regulations 2021 (SSI 2021/224) ...... 5 Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 26) Regulations 2021 (SSI 2021/227) ...... 5 Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 12) Regulations 2021 (SSI 2021/230) ...... 5 Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 13) Regulations 2021 (SSI 2021/237) ...... 5 Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 27) Regulations 2021 (SSI 2021/238) ...... 5 Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 28) Regulations 2021 (SSI 2021/242) ...... 5 INSTRUMENTS SUBJECT TO NEGATIVE PROCEDURE ...... 7 Education (Scotland) Act 1980 (Modification) Regulations 2021 (SSI 2021/210) ...... 7 Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021 (SSI 2021/214) ...... 7 Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2021 (SSI 2021/220) ...... 7 Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (SSI 2021/221) ...... 7 Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Amendment Order (SSI 2021/222) ...... 7 Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) (Amendment) 2021 (SSI 2021/225) ...... 7 Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) (No 2) Regulations 2021 (SSI 2021/236) ...... 7 INSTRUMENTS NOT SUBJECT TO PARLIAMENTARY PROCEDURE...... 9 Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021 (SSI 2021/226) ...... 9 Valuation Timetable (Coronavirus) (Scotland) Amendment Order 2021 (SSI 2021/231) ...... 9 Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No 2) Regulations 2021 (SSI 2021/232 (C12))...... 9 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act (Commencement No 1) Regulations 2021 (SSI 2021/234 (C13)) ...... 9 Domestic Abuse Act 2021 (Commencement) (Scotland) Regulations 2021 (SSI 2021/239 (C14)) ...... 9 LEGACY PAPER ...... 10

DELEGATED POWERS AND LAW REFORM COMMITTEE 1st Meeting 2021, Session 6

CONVENER *Stuart McMillan (Greenock and Inverclyde) (SNP)

DEPUTY CONVENER *Bill Kidd (Glasgow Anniesland) (SNP)

COMMITTEE MEMBERS *Craig Hoy (South Scotland) (Con) *Graham Simpson (Central Scotland) (Con) *Paul Sweeney (Glasgow) (Lab)

*attended

THE FOLLOWING ALSO PARTICIPATED: Stephen Wright (Scottish Parliament)

CLERK TO THE COMMITTEE Andy Proudfoot

LOCATION Virtual Meeting

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Scottish Parliament Convener

Delegated Powers and Law 09:48 Reform Committee Bill Kidd: The second item on our agenda is the choice of committee convener. The Parliament Tuesday 22 June 2021 has agreed that only members of the Scottish National Party are eligible for nomination as [Bill Kidd opened the meeting at 09:45] convener of the committee. I ask for a nomination for the role. Interests Graham Simpson: I nominate Stuart McMillan to be convener. Bill Kidd (Glasgow Anniesland) (SNP): Welcome to the first meeting of the Delegated Bill Kidd: As no member of the committee has Powers and Law Reform Committee in session 6. indicated that they are not content to appoint As the oldest member of the committee, I have the Stuart McMillan as committee convener, we are pleasure of convening the meeting for the first two agreed. items of business. I take this opportunity to Stuart McMillan was chosen as convener. welcome all members. I look forward to working with you on the committee. Bill Kidd: I congratulate Stuart McMillan on his appointment. As we are meeting online, I appreciate that it will be more challenging for members to indicate The Convener (Stuart McMillan): I thank agreement to the items being discussed. I ask you members for their support. to raise your hand if you are not content with any Before we move on to item 3, I want to of the questions being put or if you wish to speak. congratulate and thank the members of the Before we move on to the first item on the agenda, committee in session 5 for the outstanding work I remind everyone to switch their mobile phones to that they did. In particular, I thank Bill Bowman, silent. the most recent convener of the committee, for his The first item of business is declarations of excellent stewardship. Prior to Bill, Graham interests. In accordance with section 3 of the Simpson was the committee convener, and I thank “Code of Conduct for Members of the Scottish him, too. Parliament”, I invite members to declare any interests relevant to the remit of the committee. I will begin by stating that I have no relevant interests to declare. I invite other members to declare any relevant interests. Craig Hoy (South Scotland) (Con): I am a member of East Lothian Council. Stuart McMillan (Greenock and Inverclyde) (SNP): I have no relevant interests to declare. Graham Simpson (Central Scotland) (Con): I have no relevant interests to declare. Paul Sweeney (Glasgow) (Lab): I have no relevant interests to declare.

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Deputy Convener Decision on Taking Business in Private 09:50 The Convener: The next item of business is to 09:50 choose a deputy convener. The Parliament has The Convener: The next item of business is to agreed that only members of the SNP are eligible decide whether to take item 9 in private. Is the for nomination as deputy convener of the committee content to take item 9 in private? committee. That being the case, I nominate Bill Kidd as deputy convener. Does the committee No member has indicated that they are not agree to his taking that role? content or that they wish to speak, so we are agreed. No member has indicated that they do not agree, so we are agreed. Bill Kidd was chosen as deputy convener. The Convener: Congratulations on your appointment, Bill. Bill Kidd: Thank you, colleagues.

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Instruments subject to Made because, under the terms of this committee, the grounds on which we can push back on certain Affirmative Procedure regulations are restricted. However, the Parliament will have a chance to question ministers later this afternoon. 09:51 The Convener: Thank you for that, Mr The Convener: The next item of business is Simpson. I note that you are down to ask a consideration of six Scottish statutory instruments question on that issue at topical question time this subject to the made affirmative procedure. afternoon. Health Protection (Coronavirus) Mr Simpson’s point notwithstanding, no member (Restrictions and Requirements) (Local has indicated that they are not content. We agree Levels) (Scotland) Amendment (No 25) that we are content with the instruments. Regulations 2021 (SSI 2021/224)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 26) Regulations 2021 (SSI 2021/227)

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 12) Regulations 2021 (SSI 2021/230)

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 13) Regulations 2021 (SSI 2021/237)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 27) Regulations 2021 (SSI 2021/238)

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 28) Regulations 2021 (SSI 2021/242) The Convener: No points have been raised on the instruments. Is the committee content with them? Graham Simpson: I am content, within the remit of this committee. However, one of the instruments, SSI 2021/242, relates to the travel restrictions from Scotland to Manchester. It is important that people realise that, under the remit of this committee, there are no grounds on which the committee can challenge the regulations. I have reservations about that particular instrument on a technical level, and I think that it will be difficult, if not impossible, to enforce. However, I will have the opportunity to raise questions about that later. I am merely pointing out, for the benefit of people watching this who might be wondering why on earth we are not saying anything about the instrument, that that is

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Instruments subject to Negative Does the committee also wish to note that it is satisfied with the explanation provided for failure to Procedure comply with the laying requirements? As no member has indicated that they are not 09:53 content or that they wish to speak, we are agreed. The Convener: Agenda item 6 is consideration Graham Simpson: I am sorry to be awkward, of seven instruments subject to negative but I see from the chat box that Mr Sweeney had procedure. indicated that he wanted to speak on a previous instrument. He may be struggling with the Education (Scotland) Act 1980 platform, which is understandable. (Modification) Regulations 2021 The Convener: Thank you, Mr Simpson. I see (SSI 2021/210) that point now; it relates to agenda item 5. Paul Sweeney: I am sorry for the confusion. I Coronavirus (Scotland) Act 2020 (Early have a concern about the potential deficiency of Expiry of Provisions) Regulations 2021 SSI 2021/242 in respect of consumer rights. The (SSI 2021/214) Trainline has said that the Government has to advise the rail industry that only passengers Sexual Offences Act 2003 (Prescribed travelling for essential purposes can travel and Police Stations) (Scotland) Amendment that those travelling for non-essential reasons Regulations 2021 (SSI 2021/220) should be refunded. The lack of provision in the SSI could potentially cause significant financial Welfare Foods (Best Start Foods) detriment. Should we raise that concern with the (Scotland) Amendment Regulations 2021 Government? (SSI 2021/221) The Convener: That is not a technical matter for the committee, but perhaps the legal team can Homeless Persons (Unsuitable provide advice on that point. Accommodation) (Scotland) (Modification Stephen Wright (Scottish Parliament): That is and Revocation) (Coronavirus) correct. No reporting grounds are engaged under Amendment Order (SSI 2021/222) the committee’s technical remit. Andy Proudfoot might have a view on how the committee might Act of Sederunt (Fees of Messengers-at- wish to handle the raising of Mr Sweeney’s Arms and Sheriff Officers) (Amendment) concern. 2021 (SSI 2021/225) The Convener: Are you content with that explanation, Mr Sweeney? Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) (No 2) Regulations Paul Sweeney: That is helpful, convener. 2021 (SSI 2021/236) Andy Proudfoot (Clerk): We could note in our report that the lead committee might want to pick The Convener: An issue has been raised on that up in its consideration. SSI 2021/236. The instrument brings forward the expiry date of three provisions in the Coronavirus The Convener: I would be happy for us to do (Scotland) Act 2020 that affect the work of the that. Parole Board for Scotland. It was laid on 10 June Paul Sweeney: That would be a helpful way for 2021 and came into force on 14 June 2021. As it us to raise that concern. was laid less than 28 days before it came into force, it is in breach of section 28(2) of the The Convener: Let us go back to agenda item Interpretation and Legislative Reform (Scotland) 6 and instruments subject to the negative Act 2010, which requires that negative instruments procedure. are laid at least 28 days before they come into force, not counting recess periods of more than No points have been raised on SSI 2021/210, four days. SSI 2021/214, SSI 2021/220, SSI 2021/221, SSI 2021/222 and SSI 2021/225. Does the committee wish to draw the instrument to the attention of the Parliament on reporting No member has indicated that they are not ground (j) as it has been laid less than 28 days content, so the committee is agreed. before coming into force and, therefore, has breached the laying requirements under the 2010 act?

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Instruments not subject to Legacy Paper Parliamentary Procedure 09:59 09:58 The Convener: Agenda item 8 is consideration The Convener: Agenda item 7 is consideration of the Delegated Powers and Law Reform of five instruments that are not subject to Committee’s session 5 legacy paper. Given that parliamentary procedure and on which no points the committee will look at the legacy paper in more have been raised. detail as part of its planning work in the coming months, at this point does the committee agree simply to note the paper and to thank members of Act of Sederunt (Rules of the Court of the session 5 Delegated Powers and Law Reform Session 1994, Sheriff Appeal Court Rules Committee? Does the committee also agree to and Sheriff Court Rules Amendment) consider the report as part of our work programme (Qualified One-Way Costs Shifting) 2021 discussions at a future meeting? (SSI 2021/226) Graham Simpson: I am content with that approach. We will get a chance to speak about the Valuation Timetable (Coronavirus) paper later. I have only just thought of this, but it (Scotland) Amendment Order 2021 might be nice for the committee to write to the (SSI 2021/231) previous convener, Bill Bowman, to thank him for his work. Social Security Administration and Tribunal Membership (Scotland) Act 2020 The Convener: That would be a nice gesture. Bill Bowman was an excellent convener of the (Commencement No 2) Regulations 2021 Delegated Powers and Law Reform Committee. (SSI 2021/232 (C12)) As no member has indicated that they are not Redress for Survivors (Historical Child content with that approach, we are agreed. Abuse in Care) (Scotland) Act (Commencement No 1) Regulations 2021 10:00 (SSI 2021/234 (C13)) Meeting continued in private until 10:27.

Domestic Abuse Act 2021 (Commencement) (Scotland) Regulations 2021 (SSI 2021/239 (C14)) The Convener: Is the committee content with the instruments? No member has indicated that they are not content or that they wish to speak, so that is agreed.

This is the final edition of the Official Report of this meeting. It is part of the Scottish Parliament Official Report archive and has been sent for legal deposit.

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